CACI No. 2923

[[Name of plaintiff] claims [he/she/ nonbinary pronoun/[name of decedent]]

was [name of defendant]’s employee at the time of the incident even

though [he/she/ nonbinary pronoun] was primarily employed by [name of

primary employer].]

[or]

[[Name of plaintiff] claims [he/she/ nonbinary pronoun/[name of decedent]]

was employed by both [name of defendant] and [name of primary

employer] at the time of the incident.]

In deciding whether [name of plaintiff/decedent] was [name of defendant]’s

employee, the most important factor is whether [name of defendant] had

the right to control the work of [name of plaintiff/decedent], rather than

just the right to specify the result. It does not matter whether [name of

defendant] exercised the right to control. Sharing information or

coordinating efforts between employees of two companies, by itself, is not

enough to establish the right to control.

In addition to the right of control, you must also consider all the

circumstances in deciding whether [name of plaintiff/decedent] was [name

of defendant]’s employee. The following factors, if true, may show that

[name of plaintiff/decedent] was the employee of [name of defendant]:

(a) [Name of defendant] supplied the equipment, tools, and place of

work;

(b) [Name of plaintiff/decedent] was paid by the hour rather than by

the job;

(c) The work being done by [name of plaintiff/decedent] was part of

the regular business of [name of defendant];

(d) [Name of defendant] had the right to end its relationship with

[name of plaintiff/decedent];

(e) The work being done by [name of plaintiff/decedent] was [his/her/

nonbinary pronoun] only occupation or business;

(f) The kind of work performed by [name of plaintiff/decedent] is

usually done under the direction of a supervisor rather than by a

specialist working without supervision;

(g) The kind of work performed by [name of plaintiff/decedent] does

not require specialized or professional skill;

(h) The services performed by [name of plaintiff/decedent] were to be

performed over a long period of time;

(i) [Name of defendant] and [name of plaintiff/decedent] acted as if they

had an employer-employee relationship;

(j) [Name of plaintiff/decedent]’s duties to [name of defendant] were

only for its benefit;

(k) [Name of plaintiff/decedent] consented to the employment with

[name of defendant].

New September 2003; Revised June 2013